Father files suit against sheriff

January 8, 2013

GLEN - The second of two parents charged with child endangerment in 2010 on allegations they failed to register their home-schooled children is suing the Montgomery County sheriff and a former investigator.

The Cressys name Montgomery County, Sheriff Michael Amato and former Investigator William Gilston in their lawsuits.

The Cressys were charged by Montgomery County sheriff's officials in January 2010 with four counts each of endangering the welfare of a child after failing to submit notice of intent to home-school to the Fonda-Fultonville Central School District, in which they lived.

The criminal charges were dropped in Family Court in May 2010.

Richard Cressy and his wife claim false arrest, malicious prosecution, violation of their right to privacy, violation of due process of law, and the defendants' "failure to implement municipal policies to avoid constitutional deprivations and failure to train and supervise employees under color of state law," according to Richard Cressy's lawsuit.

The Cressys are seeking punitive damages against Amato and Gilston "to punish these defendants for their cruel and uncivilized conduct," Richard Cressy's suit says. His lawsuit, which seeks a trial, does not seek punitive damages against Montgomery County.

Cressy's lawsuit says that after Gilston met with the Cressys about their failure to register the children, the Cressys met with the Fonda-Fultonville school district, which approved the Cressys' home-school plan. To this date, Margie Cressy home-schools her children, according to the lawsuit.